British Transport Commission Act 1949
| Jurisdiction | UK Non-devolved |
| Citation | 1949 c. xxix |
| Year | 1949 |
12 & 13
GEO.
6
British Transport
Ch. xxix
Commission
Act, 1949
CHAPTER xxix
An Act to empower the British Transport Commission to
construct works and to acquire lands to empower the
Mersey Docks and Harbour Board to dispose of certain
lands to the Commission to make provision as to the
rates dues and charges leviable by the Commission at
certain of their docks to authorise the closing for
navigation of portions of certain inland waterways to
amend in certain respects the River Lee Water Act 1855
as amended by subsequent enactments to extend the time
for the compulsory purchase of certain lands the com-
pletion of certain works and the exercise of certain
powers to confer further powers on the Commission
and for other purposes- [30th July 1949.]
HEREAS by the Transport Act 1947 (in this Act referred
10 & 11
Geo6
to as "the Act of 1947") the British Transport c 49.
Commission (in this Act referred to as " the
Commission ") were established:
And whereas it is the duty of the Commission (inter alia)
so to exercise their powers under the Act of 1947 as to provide
or secure or promote the provision of an efficient adequate
economical and properly integrated system of public inland
transport and port facilities within Great Britain for passengers
and goods and for that purpose to take such steps as they
consider necessary for extending and improving the transport
and port facilities within Great Britain in such manner as to
provide most efficiently and conveniently for the needs of the
public agriculture commerce and industry:
And whereas it is expedient that the Commission should be
empowered to construct the works authorised by this Act and
to acquire the lands referred to in this Act:
A 1
w
Ch. jpdx British Transport 12 & 13
GEO.
6
Commission
Act, 1949
Arid whereas it is expedient to authorise the Mersey Docks
and Harbour Board to dispose of certain lands in the county
borojigh of Birkenhead to the Commission:
And whereas it is expedient that the Commission should
be authorised to levy at their Holyhead Harbour and Hull Docks
rates;dues and charges in accordance with the provisions of this
Act:
Aijid whereas the Commission are the owners of the Swansea
Can^l authorised by the Act 34 Geo. 3. c. 109 and the
Monmouthshire Canal authorised by the Act 32 Geo. 3. c. 102
and iare the navigation authority in respect of the Aire and
Caldpr Navigation of which the portion of the river Aire in
this Act mentioned forms part:
And whereas the portions of the said respective canals- and
of the river Aire in this Act mentioned have not for some time
past jbeen used for purposes of navigation and it is expedient
that 'the Commission should be relieved of their obligations to
mairitain the said portions of canals and river for navigation:
Aijid whereas it is expedient to make provision as in this Act
contained with respect to the payments to be made by the
18 &
19
Vict. Metropolitan Water Board to the Commission under the River
c. cxcvi. Lee Water Act 1855 as amended by subsequent enactments:
And whereas it is expedient that the periods now limited for
the compulsory purchase of certain lands the completion of
certain works and the exercise of certain powers; by the
Commission should be extended as provided by this Act:
And whereas it is expedient that the other powers in this
Act^contained should be conferred upon the Commission and
that | the other provisions in this Act contained should be
enacted:
And whereas plans and sections showing the lines or situations
and levels of the works to be constructed under the powers of
this Act and plans of the lands authorised to be acquired by
this jAct and a book of reference to such plans containing the
names of the owners and lessees or reputed owners and lessees
and of the occupiers of the said lands were duly deposited
with
and
said
the clerks of the county councils of the several counties
the town clerks of the county boroughs within which the
works will be constructed or the said lands are situated
which plans sections and book of reference are respectively
referred to in this Act as the deposited plans the deposited
sectipns and the deposited book of reference:
And whereas the purposes of this Act cannot be effected
without the authority of Parliament:
May it therefore please Your Majesty that it may be enacted
and !be it enacted by the King's most Excellent Majesty by
2
12 & 13
GEO.
6 British
Transport
Ch. xxix
Commission
Act, 1949
and with the advice and consent of the Lords Spiritual and
Temporal and Commons in this present Parliament assembled
and by the authority of the same as follows: —
PART I
PRELIMINARY
1.
This Act may be cited for all purposes as the British Short title.
Transport Commission Act 1949.
2.
This Act is divided into Parts as follows: — Division of
Part I.-Preliminary. Act int0 Parts'
Part II.—Works.
Part III.—Lands.
Part IV.—Docks.
Part V.—Inland waterways.
Part VI.—Protective provisions.
Part VII.—Miscellaneous.
3.—(i)
In this Act unless there be something in the subject interpretation.
or context repugnant to such construction the several words and
expressions to which meanings are assigned by the Acts wholly
or partly incorporated herewith have in relation to the relative
subject matter the same respective meanings And—
" The Commission " means the British Transport Commis-
sion and any reference to the Commission in relation
to any functions of the Commission which are for the
time being delegated to an executive in pursuance of
section 5 of the Act of 1947 shall be construed as a
reference to that executive ;
" The new works " means the works described in section 5
(Power to make works) of this Act;
" The works" means the works authorised by Part II
(Works) of this Act and includes the new works;
" The limits of deviation " means the limits of deviation
shown on the deposited plans ;
" The Lands Clauses Acts " means the Lands Clauses Acts
as modified by the Acquisition of Land (Assessment
9
&
10
Geo. 5
of Compensation) Act 1919 the Town and Country c- 5J- ,^ r
Planning Act 1947 and this Act; J°5^ l! Ge0"6
" The tribunal" means the arbitrator or other authority to
whom any question of disputed purchase money or
compensation under this Act is referred in pursuance
of the Acquisition of Land (Assessment of Compen-
sation) Act 1919 ;
" The Act of 1947 " means the Transport Act 1947 ;
A2 3
To continue reading
Request your trial